Chapter 1127: BANKS - CRIMES AND PROHIBITED ACTIVITIES

(A)
For
purposes of this section and sections
1127.02 and
1127.03 of the Revised Code,
"regulated person" has the same meaning as in section
1121.01 of the Revised Code.

(B)
Any of the following actions
by a regulated person may constitute a violation of section
1127.08 of the Revised Code or of
a theft, fraud, falsification, or other similar offense set forth in Title XXIX
[29] of the Revised Code, or may constitute an attempt to commit or complicity
to commit a violation of section
1127.08 of the Revised Code or of
a theft, fraud, falsification, or other similar offense set forth in Title XXIX
[29] of the Revised Code:

(1)
Embezzling,
abstracting, or purposely misapplying any money, funds, credit, or property of
a bank or trust company, whether owned, on deposit, or held in trust by the
bank or trust company;

(2)
Fraudulently issuing a certificate of deposit or other instrument or evidence
of deposit;

(3)
Knowingly making a
false entry in any book, report, or statement of a bank or trust company;

(4)
Knowingly making a false entry
of interest or principal on a note or any other asset of a bank or trust
company;

(5)
Knowingly falsifying,
concealing, or covering up by any trick, scheme, or device a material fact,
making any false, fictitious, or fraudulent statements or representations, or
making or using any false writing or document knowing it to contain any false,
fictitious, or fraudulent statement or entry with respect to any bank or trust
company;

(6)
Knowingly making a
false written statement or certification as to any property held in trust by,
or in the custody of, a bank or trust company;

(7)
Knowingly borrowing, soliciting,
obtaining, or receiving money for a bank or trust company intended to become
the property of the bank or trust company, with purpose to defraud or injure
the bank or trust company or another person;

(8)
Purposely certifying a check or other
item drawn on a bank unless the drawer of the check or other item has on
deposit with the bank an amount of money subject to payment of the check or
other item and at least equal to the amount of the check or other item, or
purposely certifying a check or other item drawn on the bank and failing
immediately to charge the amount of the check or other item against the account
of the drawer;

(9)
Directly or
indirectly engaging in any activity, utilizing any procedure, scheme, or
device, or receiving any false, fictitious, or fraudulent obligation or item,
for the purpose of evading or circumventing the prohibitions set forth in
division (B)(8) of this section.

(A)
No regulated person shall, except as
provided by law, stipulate for or receive any fee, commission, gift, or thing
of value from any person for procuring or endeavoring to procure for that
person, or for any other person, any loan, extension or renewal of a loan, or
substitution of security from any bank or trust company, or the purchase,
discount, or acceptance of any paper, note, draft, check, or bill of exchange
by any bank or trust company.

(B)
Division (A) of this section does not prohibit any bona fide salary, wages,
fees, or other compensation paid, or expenses reimbursed, in the usual course
of business by a bank or trust company to a regulated person, or normal
business amenities that facilitate the discussion of business, foster good
business relations, or serve some other demonstrable business purpose.

No person subject to an order issued by the superintendent of
financial institutions under section
1121.33 or
1121.34 of the Revised Code shall
knowingly participate, directly or indirectly, in any manner, including by
engaging in an activity specifically prohibited in the order, in the conduct of
the affairs of any bank or trust company.

No person, for the purpose of influencing in any manner the
actions or decisions of the superintendent of financial institutions in the
superintendent's capacity as chief executive officer of the division of
financial institutions, shall knowingly make or provide to the superintendent
or any employee or agent of the division, or knowingly invite reliance by any
of them upon, a statement, document, or other thing the person knows to be
false, misleading, forged, or counterfeit.

No person shall knowingly make, publish, or otherwise
communicate any statement, report, information, or data relating to the
financial or other condition of any bank or trust company that the person knows
to be false or misleading.

(A)
Conceal or attempt to conceal an asset or
property from a conservator, receiver, or liquidating agent appointed by the
superintendent of financial institutions with respect to any asset acquired or
liability assumed by the conservator, receiver, or liquidating agent;

(B)
Impede or attempt to impede
the functions of the conservator, receiver, or liquidating agent;

(C)
Place or attempt to place any asset or
property beyond the reach of the conservator, receiver, or liquidating agent.